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A Theory of Discrimination Law
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A Theory of Discrimination Law

Tarunabh Khaitan

Abstract

Most laypersons think of discrimination as an act motivated by prejudice against a minority group. The law, in most cases, prohibits as discriminatory a much broader category of actions. It also encourages or demands affirmative action. This tension calls for the justification of the legal approach to the regulation of discrimination. Providing this justification, while also explaining the law in a coherent and conceptually clear manner, is the main objective of this book. My argument is that discrimination law seeks to close substantial, pervasive, and abiding advantage gaps between groups wh ... More

Keywords: lay and legal models, discrimination law, freedom, group disadvantage, affirmative action, duty-bearers

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780199656967
Published to Oxford Scholarship Online: August 2015 DOI:10.1093/acprof:oso/9780199656967.001.0001

Authors

Affiliations are at time of print publication.

Tarunabh Khaitan, author
Fellow in Law, Oxford University